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Understanding Your Rights: Housing Discrimination
Discrimination is, unfortunately, pervasive in our society. One type of discrimination which receives considerable media attention relates to housing availability and opportunities. Do you know how this type of discrimination may occur? Do you know who to turn to if it happens to you? Use this list for information and to keep track of possible incidents of housing discrimination.
What federal laws govern housing discrimination?
The Fair Housing Act, which is formally known as Title VIII of the Civil Rights Act of 1968, is the predominant federal law concerning fair housing and housing discrimination.
Who is protected under the Fair Housing Act?
The Fair Housing Act prohibits discrimination in housing on several bases. Do any of them apply to your situation?
| Race | __Y | __N |
| Color | __Y | __N |
| National origin | __Y | __N |
| Religion | __Y | __N |
| Sex | __Y | __N |
| Familial status | __Y | __N |
| Handicap or disability | __Y | __N |
What does "familial status" mean?
Familial status means, in simple terms, the makeup of your family unit. The Fair Housing Act prohibits discrimination on the basis of your type of family. Familial status, for this purpose, may include children under the age of eighteen who are living with their parents or legal custodians, pregnant women, and people who are seeking to secure custody of children under eighteen. For example, a landlord cannot refuse to rent an apartment to you if you tell them that you are pregnant and will soon be having a child unless he or she has another, legitimate reason for not wanting to rent the property to you.
What type of housing is covered by the Fair Housing Act?
The Fair Housing Act covers many different types of housing, including homes, apartments, and townhouses which are for sale or for rent. There may be some exceptions to coverage under the Act. For example, the owner of a small rental building, who also resides in the same building, may not have to follow the Act.
What type of acts are prohibited?
The Fair Housing Act prohibits a number of different discriminatory acts, taken against an individual or group in a protected category, in the sale or rental of a dwelling. Are you in a protected group and experiencing any of the following?
| Refusal to rent or sell housing? | __Y | __N |
| Refusal to negotiate for housing? | __Y | __N |
| Making housing unavailable? | __Y | __N |
| Denying a dwelling? | __Y | __N |
| Setting different terms, conditions, or privileges for the sale or rental of a dwelling? | __Y | __N |
| Falsely denying that a dwelling is available for sale or rental? | __Y | __N |
| Persuading others, for a profit, to sell or rent their property? | __Y | __N |
Special prohibitions apply to mortgage lending. In this regard, no one may take action based upon a person's membership in a protected category in several situations. Do any apply to you?
| Refusal to make a mortgage loan? | __Y | __N |
| Refusal to provide information about loans? | __Y | __N |
| Imposing different rates or terms on a loan? | __Y | __N |
| Discrimination in the appraisal or valuation of real property? | __Y | __N |
| Refusal to purchase a loan? | __Y | __N |
| Setting different terms or conditions for purchasing a loan? | __Y | __N |
Special protections are also in place for individuals who have a physical or mental disability which substantially limits one or more major life activities, who have in the past had such a disability, or who are regarded as having such a disability. Are you or a member of your family disabled under this definition? If so, has a landlord acted in any of the following ways toward you?
| Refused to allow reasonable modifications to the dwelling or common-use areas if necessary for the person to use the housing? | __Y | __N |
| Refused to make reasonable accommodations in rules, policies, practices, or services if necessary for the disabled person to use the housing? | __Y | __N |
Failed to comply with new construction requirements in all buildings first ready for occupancy after March 13, 1991, that have an elevator and four or more units? These buildings must:
| Have public and common areas that are accessible to persons with disabilities; | __Y | __N |
| Have doors and hallways that are wide enough for wheelchairs; and | __Y | __N |
| Have units with handicap-accessible routes, accessible light switches, electrical outlets, reinforced bathroom walls which allow for installation of grab-rails, and wheelchair-accessible kitchens. | __Y | __N |
There are general prohibitions under the Fair Housing Act which make certain acts illegal. Have these illegal actions happened to you?
| Threaten, coerce, intimidate, or interfere with anyone exercising a fair housing right or assisting others in exercising that right. | __Y | __N |
| Advertise or make any other type of statement which indicates a limitation or preference for purchasers or renters on the basis of their race, color, national origin, religion, sex, familial status, or handicap. | __Y | __N |
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